TEAL v. BALDWIN, 174 Or. App. 395 (2001)

25 P.3d 416

RONALD LEROY TEAL, Appellant, v. GEORGE H. BALDWIN, Superintendent, Eastern Oregon Correctional Institution, Respondent.

CV98-0354; A104201Oregon Court of Appeals.On remand from the Oregon Supreme Court. State v. Teal, 330 Or. 361, 6 P.3d 1102 (2000). Submitted on remand July 13, 2000.
Filed: May 23, 2001

Appeal from Circuit Court, Umatilla County, Garry L. Reynolds, Judge.

Marc Geller for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Judy C. Lucas, Assistant Attorney General, for respondent.

Before HASELTON, Presiding Judge, and EDMONDS and LANDAU, Judges.

PER CURIAM

Reversed and remanded.

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PER CURIAM

This case comes before the court on remand from the Oregon Supreme Court in the light of its opinion in Hamel v. Johnson, 330 Or. 180, 998 P.2d 661 (2000). In this case, the trial court granted the state’s motion to dismiss plaintiff’s petition for a writ of habeas corpus on the ground that a 1997 Board order extending plaintiff’s parole release date rendered moot plaintiff’s challenge to a 1995 Board order. We dismissed the appeal on the same mootness grounds. Under Hamel, plaintiff’s challenge to the 1995 Board order is not moot. Accordingly, the case must be remanded for consideration of the merits of plaintiff’s claim.

Reversed and remanded.

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